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Posts mentioning hashtag #legal

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Wells Fargo subpoenaed by DOJ in debanking crackdown

The U.S. Justice Department has reportedly sent subpoenas to several of the country’s largest banks, including JPMorgan Chase JPM and Bank of America BAC, over allegations of politically motivated account closures.

Other banks under investigation include Wells Fargo WFC.

Some of the subpoenas were issued to the banks last year by the U.S. Attorney’s Office in Washington, D.C., led by Jeanine Pirro. The probe is focused on claims that these banks have “debanked” clients, meaning they have inappropriately closed customer accounts due to political reasons, the Wall Street Journal reported on Wednesday.

https://www.msn.com/en-us/money/news/jpmorgan-bofa-wells-fargo-subpoenaed-by-doj-in-trumps-explosive-debanking-crackdown-report/ar-AA25nPc6


Manager Asking RTO/Accommodation Hypotheticals

I have an ADA protected disability accommodation allowing me to WFH despite being within hub radius that has been approved for the last couple years.

My manager asked me what I’d do if “it weren’t granted this year”. I told him I’d pick a paycheck over homelessness and that I’d do whatever I can to work somewhere else as fast as possible.

Is there a push to deny ADA accommodations? Is this even legal?


A shift I've noticed

It used to be formal layoffs with packages were the only thing to worry about. Now they're moving toward firing people individually. I personally know three people let go for reasons that made no sense. One had fine reviews but was told their performance was poor. Really? I hope they talk to a lawyer.


Sharing from the UHG link on thelayoff

I see it’s lit over here lol!

Someone posted this on the UHG link for the layoff. Did anyone know about this?
https://www.thelayoff.com/post/@OP+1ktq0j4m3

Basically they are saying UHG-Optum-UHC utilizes forced arbitration which is generally deemed not good for consumers or employees. When did they start doing this? Apparently most large companies do this but several like Google, Uber, Airbnb and others have stopped doing it.


Forced/Mandatory/Compulsory Arbitration

UHG uses forced arbitration. If you don't know what it is and how it impacts the public, consumers, employees, etc. Look it up! Here is a link you can start with, but there's a lot of information on it out there. Stay informed and know your rights. Also check your State Laws, as certain States have counters to the use of it. Knowledge is Power.

https://www.epi.org/publication/the-arbitration-epidemic/


Llc’s and why they create so many

Common (and Sometimes Nefarious) Practices with LLC/Entity Changes
Changing an LLC—through formation of a new entity, asset sales, mergers, conversions, or “successor” setups—can create separation from prior liabilities. Legitimate uses include limiting personal exposure (via proper formalities like separate finances and operating agreements). However, abusive tactics include: 
• Forming a “new” LLC or shell entity and transferring assets: The old entity is left with debts/liabilities (sometimes leading to bankruptcy or dissolution), while the new one continues operations with a “clean slate.” This can attempt to evade contracts, judgments, or union obligations. Courts may “pierce the veil” if there’s commingling of assets, undercapitalization, fraud, or treating entities as alter egos. 
• Asset sales vs. stock sales: In asset purchases, the buyer may argue they’re not a “successor” bound by the old entity’s union contracts or liabilities (unlike stock purchases, where the entity identity often continues). Nefarious versions involve structuring deals to minimize continuity while keeping operations, workforce, and customers largely the same. 
• Using shells or related entities: Creating multiple layers (e.g., holding companies) to obscure ownership, fragment operations, or shift liabilities. This is sometimes used in union contexts to claim no bargaining obligation. 
• Rebranding/restructuring to reset terms: Announcing a “new company” to pressure renegotiation of wages, benefits, or seniority.


Any example of severance not being paid?

I was laid off in April and I did something stupid! My network connection was not cut immediately and I e mailed my resume, my reviews and also some reports I used to produce to my home e mail. The purpose was to prepare myself to interviews.
Now somebody from CSIS e mailed me to talk regarding this…

Now- is there any example of severance not being paid due to this? I will have a zoom call with them to explain, but should I start looking for a lawyer in case they do not pay my severance? Would Citi go to the hassle of lawyers for a situation like this?
Pls ease my mind…
Thank you


CDF Webinar Guides Employers on Minimizing Layoff Lawsuits

CDF Labor Law will host an online webinar on June 18, 2026. It offers practical advice for handling workforce reductions. The program aims to minimize legal risks and compliance traps. Attorneys Todd Wulffson and Alessandra Whipple will present the session. This event targets employers, HR professionals, and in-house counsel.

https://www.cdflaborlaw.com/events/cdf-webinar-less-layoff-litigation-pro-tips-for-conducting-reductions-in-force-in-california


NLRB Affirms West Virginia Company Labor Law Violation

The National Labor Relations Board upheld a previous ruling. A West Virginia construction company was found responsible for a labor law violation. The violation involved laying off an electrician. This electrician had complained about his paycheck. The NLRB judge correctly made the initial determination.

https://www.law360.com/employment-authority/amp/articles/2483210


Take PIL+retire or just retire?

I heard that a guy offered the PIL had a lawyer review the terms and there were some clauses in the PIL agreement which gave EM some rights to reduce or cancel his retirement benefits.

Are there any clauses in the PIL agreement which jeopardize your retirement benefits?

The guy I heard about simply turn in his retirement notice and skipped the PIL payments.

What are the terms of the PIL?


Employers Quietly Repost Jobs After Layoffs

Many workers report being laid off, only to see similar roles reposted later. Employment attorney Chiquita Hall-Jackson calls this a "quiet repost" and sees it often. This practice can create significant legal exposure for employers, potentially leading to lawsuits. Workers should examine layoff demographics and document all workplace communications. Understanding legal rights during layoffs is crucial as job security evolves.

https://www.forbes.com/sites/jasminebrowley/2026/05/26/the-layoff-loophole-workers-need-to-watch-for/


Baffinland Iron Mines Avoids Layoffs Amidst Creditor Protection

Baffinland Iron Mines confirmed no layoffs are planned at its Mary River mine. This announcement came despite the company filing for creditor protection on May 15. Baffinland faces a $1 billion debt from a failed 2022 expansion effort. The company has until June 3 to repay its significant debt. Inuit associations have hired lawyers to protect Inuit rights during these proceedings.

Nunavut

https://www.thespec.com/news/canada/nunavut-mining-company-says-its-not-planning-any-layoffs-inuit-associations/article_1c65a8fa-4955-5e44-9738-1583abe0ac31.html


charter should be sued in a class action over this...

you can’t keep bringing in h1b workers and h1/l1 contractors, then turn around and lay off u.s. citizens and permanent residents in the same job profiles like nobody is going to notice.

maybe there is some legal explanation buried in the paperwork. maybe.

but from the outside, it looks pretty simple: replace domestic workers with visa-dependent labor, call it “restructuring,” and hope everyone is too tired or too scared to push back.

someone should be looking at this closely. not with another internal review. with subpoenas.


What mine is mine. What’s yours is mine.

No wonder Ford is last to see new technology. The word Trust is missing in the Ford dictionary.

From Ford Authority: Back in October 2022, Ford was found guilty of violating its contract with Versata Software after a court determined that the automaker breached its contract by misusing and disclosing confidential information. Ford allegedly reverse engineered Versata's software for its own use without a license, which was then used to manage how various components are configured during the vehicle assembly process.

Ford was ordered to pay $104.6 million in damages to Versata following this decision, but The Blue Oval did appeal the verdict - an action that worked, as U.S. District Judge Matthew Leitman threw out that claim and reversed the jury's decision back in May 2023. It seemed as if that saga was over at the time, but now, the U.S. Court of Appeals for the Federal Circuit has opted revive $82.2 million of that original $104.6 million verdict, according to


Fired Black Employee Sues Capone For Stack Ranking

Credit:

https://www.hcamag.com/us/specialization/employment-law/ex-manager-sues-capital-one-alleges-forced-ranking-drove-layoff-pick/576317

UNITED STATES

Employment law
Ex-manager sues Capital One, alleges "forced ranking" drove layoff pick
Cybersecurity manager claims calibration sessions, not performance, decided who lost their job

Ex-manager sues Capital One, alleges "forced ranking" drove layoff pick
By Tez Romero
22 May 2026
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A 56-year-old Black cybersecurity manager is suing Capital One, claiming a hidden "forced ranking" system pushed him out under the cover of a layoff.

That is the central claim in Hickman v. Capital One Financial Corporation, No. 3:26-cv-00450 (E.D. Va.), filed May 21, 2026, in the US District Court for the Eastern District of Virginia. John Hickman, who spent 12 years at the bank and finished his career as a Manager, Cyber Technical on Capital One's "Watch Tower" cybersecurity team, says his October 2023 termination had less to do with performance than with race and age.

For HR leaders, the filing reads like a tour through the pressure points of modern performance management: calibration sessions, coaching plans, mid-year reviews, and reduction-in-force selection criteria — all of them, Hickman alleges, bent toward a predetermined outcome.

Hickman says he received "Strong Performance" ratings on every mid-year and end-of-year review from his end-of-year 2019 evaluation through 2022, with no documented concerns and no change in duties. Then, at a February 2, 2023 meeting, he was told his 2022 year-end rating was "Inconsistent." The complaint says the written feedback was largely positive but ended with a line that he "did not exhibit manager-level strengths relative to his peers."

That phrasing, the filing argues, gives away the game. Hickman alleges the downgrade was the product of Capital One's "forced ranking" — what the bank internally calls "calibration" and "distribution" — under which, he claims, at least 15% of employees must land at "Inconsistent" or "Below Strong" regardless of actual performance. He also points to the company's own guidance describing calibrations as "a time for leaders to demonstrate [Capital One's] commitment to Diversity, Inclusion and Belonging," language he says is at odds with what happened to him.

The coaching plan that followed, according to the filing, was delayed, packed with nearly two dozen vague deliverables, and at one point flagged "Communication" as a problem area — even though his year-end review had rated his communication "Strong." Hickman says he met every expectation by late May 2023. Instead of the policy-required outcome notice, he was told on July 24, 2023 that he had been selected for a reduction in force effective October 1, 2023. The complaint also alleges that Capital One quietly withheld an unfavorable mid-year review to make him RIF-eligible, and that his manager was instructed by Associate Relations not to deliver mid-year reviews to anyone tapped for the cuts.

The age numbers, drawn from what the filing says is Capital One's own OWBPA disclosure, are the part HR readers will likely linger on. Within the Manager, Cyber Technical population considered, 14.3% of employees 50 and older were selected, compared with 7% of those under 40. Across all roles considered, the rates were 4.8% (50+), 5.8% (40+), and 2.8% (under 40). The decisional unit, Hickman adds, was limited to employees hired before January 1, 2022 — a cutoff he says skewed older.

Hickman, who earned $175,263 plus a bonus opportunity of up to $24,000, is seeking back pay, compensatory, liquidated, and punitive damages, and has demanded a jury trial.

The allegations have not been tested in court. Capital One has not yet filed a response, and no judge has ruled on any of the claims.

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LATEST NEWS
Ca--abis ban for flight crew: when workplace safety overrides legal rights
Ca--abis ban for flight crew: when workplace safety overrides legal rights
Supreme Court hands employers a costly loss on multiemployer pension withdrawal liability
Supreme Court hands employers a costly loss on multiemployer pension withdrawal liability
First Circuit revives political discrimination case after lower court overreach
First Circuit revives political discrimination case after lower court overreach

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Lawyer Up

I hate hearing everything that current employees are dealing with. It su-ks. It was a great company and I was proud to work there. I worked at Fannie Mae for nearly 20 years.
I was part of a big layoff several years ago. I was laid off just before a large scale early retirement package was set to be offered (and it was widely known this was happening!). With my downsizing, I was offered an AWFUL exit package (with no extended insurance and less $ than expected). So I hired an attorney.
I HIGHLY recommend that anyone laid off - do not sign your letter before you speak to a qualified attorney. Trust me - you’re leaving a lot of money on the table.


Are they watching us?

I overheard a conversation in a coffee corner where one colleague said that HR is tracking our surfing behavior, and that people who go to this site regularly are marked for the next round of layoffs.

Is this true? And if so, would that be legal, or could we challenge such a move?


Law firms that have won cases against U.S. Bank?

Let’s come together as one community here and post a list of real lawsuits won against U.S. Bank. Employment Discrimination Retaliation Consumer or anything else as long as it has to do with U.S. Bank. Let’s compile a list here with links and anything else that is helpful.

Bonus points for recent/ongoing lawsuits.


We have decided to bring HR, Legal, Compliance and Corporate Affairs together under Keeley Aleman in an expanded role as Waters General Counsel

We have decided to bring HR, Legal, Compliance and Corporate Affairs together under Keeley Aleman in an expanded role as Waters General Counsel and Head of Global Human Resources.

We are grateful for Cheryl Kennedy’s leadership and contributions over the past year, as she helped support our people and advance our HR strategy during an important period for the company. Cheryl has left Waters and we wish her the very best.

Who in their right mind would “bring HR, Legal, Compliance and Corporate Affairs together?”


Unionize now

Contact a Union: Reach out to an established union or organizers like the Emergency Workplace
Organizing Committee (EWOC) for assistance and legal guidance.
• Sign Authorization Cards: Gather signatures on authorization cards from at least 30% of the employees to show support, though 50% or more is recommended
• Seek Recognition: Ask your employer to voluntarily recognize the union, or file for an election with the NLRB if they refuse.
• National Labor Rel... +4
Legal Protections & Rights
• Federal & State Law: Workers in the private sector are protected by the National Labor Relations Act (NLRA).
• Illinois Workers' Rights Amendment: This state amendment guarantees the right to organize and bargain collectively, protecting workers from certain types of employer retaliation.
• Protected Activities: You have the right to discuss unionization with coworkers during non-work


Expose and Report H1B Visa violations*

  • Both the individuals but more importantly Humana for knowingly turning a blind eye and not checking each year that Visas are up to date and maximum allowed time a person can remain in the United States in an H1B Visa. This is not intended to be cruel bit rather intended to save and protect American Citizen’s jobs and future employment in this country.

Information regarding Maximum Time:
The maximum time a person can remain in the United States on an H-1B visa is generally six years, typically granted in two 3-year increments. However, this period can be extended beyond six years if a permanent labor certification or I-140 petition has been pending for over 365 days, or if an I-140 is approved but a green card is not immediately available. 

Key Aspects of H-1B Time Limits:

  • Initial Limit: Initial H-1B status is up to 3 years, with extensions allowing a total of 6 years.
  • Recapture Time: Time spent outside the U.S. during the H-1B period (vacations, business trips) can be "recaptured" to extend the 6-year limit.
  • Extensions Beyond 6 Years: Individuals with a pending or approved employment-based green card process can extend their H-1B status, often in 1 or 3-year increments, under AC21 regulations.
  • Reset Requirement: After hitting the 6-year limit, the visa holder must generally live outside the U.S. for at least one full year before becoming eligible for a new 6-year H-1B term.
  • 240-Day Rule: If a timely extension is filed, you may continue working for up to 240 days beyond your current expiration date while the petition is pending. 

Disclaimer: Immigration regulations can be complex. Please consult with a qualified immigration attorney or USCIS for specific cases.


What is the legal definition of a trade secret? There Are Very Few Trade Secrets in the Energy Industry.

A trade secret is legally defined as confidential business information that gains economic value from not being generally known and is protected through reasonable efforts to keep it secret. In U.S. law, this definition is most clearly articulated in 18 U.S.C. § 1839, part of the Defend Trade Secrets Act (DTSA).

📘 Core Legal Elements of a Trade Secret
Under federal law, information qualifies as a trade secret if it meets all three of these requirements:

Secrecy — The information is not generally known or readily ascertainable through proper means by others who could benefit from it.

Economic value — The information has actual or potential economic value because it is secret. Competitors would gain an advantage if they obtained it.

Reasonable measures — The owner takes reasonable steps to maintain its secrecy (e.g., NDAs, access controls, secure storage).

If any one of these elements' stops being true, the information loses trade secret protection.

🧩 What Counts as a Trade Secret?
Trade secrets can include virtually any type of business, technical, or scientific information, such as:

Formulas (e.g., beverage recipes)

Processes or manufacturing methods

Algorithms

Customer lists

Designs or prototypes

Negative know‑how (failed experiments that reveal what doesn’t work)

The law covers both tangible and intangible information, regardless of how it is stored.

🏛️ Authoritative Legal Definition (DTSA)
Under 18 U.S.C. § 1839(3), a trade secret includes “all forms and types of financial, business, scientific, technical, economic, or engineering information… if (A) the owner has taken reasonable measures to keep such information secret; and (B) the information derives independent economic value… from not being generally known.”


Here is to find real number

@bc There is a docu-sign package with multiple pdfs where associate who is impacted have to sign. This is an agreement terms and conditions to get the severance pay and benefits. Like I will keep things confidential, I won't go to media, court etc etc.

Unless associate electronically sign the agreement they wont get severance benefits ( like 6 months of pay, 401k vesting, prorated bonus etc. )

This docu-sign pdfs has one file which they have to give list of people ( not names or a#, but title, role, level etc. ) who were part of RIF and their ages. It is a legal document to comply with the law that firm did not do layoff of people due to their age, this is becase of equal opportunity employer law. That list is the only real place you can find number of associates impacted.


That Employee Survey

First question on the latest employee survey: Are you happy at Ally? (Y/N). This is a loaded question that will be used against you. If your manager in any way suggested/encouraged that you complete the survey and you answered this question, you pretty much own Ally. That question is asking about your psychological health. Ally has absolutely no business asking you to disclose anything about your mental health. In fact, the practice is illegal under federal and state employment laws.